- Petitioner
- Eric Rescubillo
- Respondent
- People
- Citation
- G.R. No. 237854
- Court
- Supreme Court
- Division
- Second Division
- Decided
- June 6, 2018
Summary
Eric Rescubillo y Adriatico was convicted of Attempted Homicide for attacking victim Edward P. Magtalas with deadly weapons alongside his companions. The Supreme Court affirmed the Court of Appeals' conviction, ruling that petitioner commenced the commission of homicide by overt acts but failed to complete all acts of execution because the victim managed to escape. The Court applied the legal principle that an attempt exists when an offender begins committing a felony directly through overt acts but doesn't perform all execution acts due to causes beyond their control, not their own desistance. The SC modified the penalty to an indeterminate sentence of four months to four years and two months imprisonment, plus monetary damages totaling P60,000.00 to the victim, with 6% annual interest from finality until full payment.